The approval and issuance procedures of the TOL are full of irregularities. We suspect the decision by the Atomic Energy Licensing Board (AELB) to issue the TOL is either due to pressure or has been induced by certain quarters. Ongkili must realize that it is his responsibility and duty to stop such improper practice. It is within his jurisdiction as a Minister to do so.

We know that at this juncture, SMSL and SLC are in the midst of legal process to stop the issuance of the TOL. By jumping the gun, AELB’s action is equivalent to contempt of court.

We have decided that we will file a complaint to the Malaysian Anti-Corruption Commission (MACC) and we expect a thorough investigation to be carried out on this irregularity. We want an immediate and decisive action from MOSTI to cancel the TOL. Failing to do so, Himpunan Hijau will mobilize thousands to meet Ongkili at his MOSTI office. He must understand that he may be in position, but the actual power is with the people.

Himpunan Hijau also extend our strongest warning to Sojitz Corp and all Lynas’ investors that thousands of people have came forward to register in our BLOCKADE campaign. As we have promised to the world, they will witness the most massive civil disobedience ever in the history of this country.

As Lynas’ shares continue to suffer and spiral downwards, we strongly advise Sojitz Corp and all Lynas’ investors that the people of Malaysia are very determined to stop Lynas. We will carry out an all-out-war to ensure that the Lynas Advanced Materials Plant (LAMP) can never operate in our country.

“Sojitz Corp and all Lynas’ investors must clearly understand this sentiment and conviction of the people of Malaysia, pull out before your investments turn into ashes,” warned Wong Tack, chairperson of Himpunan Hijau national steering committee.

Wednesday, 26 September 2012

KUALA
LUMPUR, Sept 26 — Australian miner Lynas Corporation lost its bid today
to keep its defamation suit against detractors from being heard here
after the High Court ruled to transfer the controversial case to
Kuantan, Pahang.

The transfer is seen as a boost for the case of Kuantan-based local
environmental group Save Malaysia Stop Lynas (SMSL) in its ongoing
campaign to snuff out the rare earth giant’s move to fire up its RM2.5
billion refinery in coastal Gebeng.

In ruling against Lynas, High Court judge Datuk Louis O’Hara said having
the trial heard in Kuantan would be better than holding it here on the
opposite side of the peninsula, as most of the defendants and witnesses
were from the east coast city. - The Malaysian Insider

KUALA LUMPUR (Sept 26, 2012):
The High Court here allowed the transfer of the defamation suit filed
by Lynas Corporation Limited and Lynas Malaysia Sdn Bhd against
Anti-Lynas group 'Save Malaysia, Stop Lynas' (SMSL) to the Kuantan
High Court.

Justice
Datuk John Louis O'Hara agreed with the defendants' counsel Datuk
Bastian Pius Vendargon that it would be much more convenient for his
five clients who currently resided in Kuantan to attend the trial there.

Justice
O'Hara ruled that the court was guided by Section 23 of the Judicature
Act 1964 with regards to the issue of jurisdiction and issue of most
suitable forum and concluded that the Kuantan High Court had the
jurisdiction to hear the suit. - BERNAMA

Earlier today at the Kuantan
High Court, SMSL was granted an interim stay for its application to suspend the
Lynas TOL. Essentially the TOL has now been temporarily suspended by Justice Mariana Yahya pending the court decision on 4th
October in ten days’ time.

Mr Tan Bun Teet, an
applicant to revoke the TOL and a spokesperson for SMSL
lamented, “This is a
small step in the right direction.We
hope that the court will grant a longer stay on the suspension on 4th
October until our earlier judicial review applications are properly assesses
and the appropriate judgement made later.”

On the 28th August the
Kuantan High Court accepted the following two judicial applications from SMSL:

1. To revoke the temporary operating licence
granted by the Atomic Energy Licensing Board (AELB) on 30th January to the
Lynas Advanced Materials Plant (LAMP) on the ground that no detailed
environmental impact assessment (DEIA) was done and that a fresh radiological
impact assessment (RIA) and a radioactive waste management plan (RWMP) should
have been submitted to AELB for approval before the TOL was granted. This
application was lodged on behalf of Kuantan residents Mr Tan Bun Teet, Encik
Syed Talib Syed Sulaiman and Puan Hasimah Ramli by their lead counsel Bastian
Vendargon.

2. To review the decision of the Minister of
Science, Technology and Innovation (MOSTI) not to revoke the Lynas temporary
operating licence following an appeal by a group of Kuantan residents who
together with their legal representative and experts, appeared before the MOSTI
panel with evidence of risks and harm of the project earlier this year on April
17th. This application was lodged on behalf of Kuantan residents Haji Ismail
Abu Bakar and Tan Ah Meng by their lawyer R.S. Pani.

“Today’s interim suspension of the Lynas TOL by
Justice Yahya is a welcome gesture.Of
course this is only a very temporary relief and a tiny win.We have a long way to go yet to Stop
Lynas.Kuantan is a clean and peaceful
place.We do NOT want a polluting rare
earth plant in our town.”Commented Haji
Ismail Abu Bakar.

Tomorrow 26th September SMSL lawyers
will return to the KL High Court to discuss the management of the Lynas
defamation case against SMSL.Lynas has
earlier failed to get an injunction to gag SMSL.SMSL maintains that the statement made in an
open letter to the Prime Minister of Malaysia has been made in the interest of
the public and Malaysia’s natural environmental as well as local health and
livelihoods.The statement is based on
fair comments and advice from various experts.

“The public will be waiting anxiously because we do
not wish to have a world-scale rare earth plant in our backyard.” Concluded Mr Tan

Sunday, 23 September 2012

Tomorrow on 25th September, SMSL will return to the High Court of Kuantan to apply for the TOL to be suspended until hearings for the two judicial review cases are completed.

Mr Tan Bun Teet, an applicant to revoke the TOL and a spokesperson for SMSL said “A responsible Government would NEVER have issued the TOL knowing full well that the court has accepted SMSL’s two judicial review applications.”

“Furthermore, neither the AELB nor MOSTI has responded to SMSL’s legal letter requesting for the TOL to be suspended by the due date of September 10th”

On the 28th August Justice Mariana Yahya accepted the following two judicial applications from SMSL:

1. To revoke the temporary operating licence granted by the Atomic Energy Licensing Board (AELB) on 30th January to the Lynas Advanced Materials Plant (LAMP) on the ground that no detailed environmental impact assessment (DEIA) was done and that a fresh radiological impact assessment (RIA) and a radioactive waste management plan (RWMP) should have been submitted to AELB for approval before the TOL was granted. This application was lodged on behalf of Kuantan residents Mr Tan Bun Teet, Encik Syed Talib Syed Sulaiman and Puan Hasimah Ramli by their lead counsel Bastian Vendargon.

2. To review the decision of the Minister of Science, Technology and Innovation (MOSTI) not to revoke the Lynas temporary operating licence following an appeal by a group of Kuantan residents who together with their legal representative and experts, appeared before the MOSTI panel with evidence of risks and harm of the project earlier this year on April 17th. This application was lodged on behalf of Kuantan residents Haji Ismail Abu Bakar and Tan Ah Meng by their lawyer R.S. Pani.

“Lynas has not found a solution for its waste. We are concerned with the risks of air and water pollution on top of it. Why should the TOL be issued under such uncertainties and risky situation?” Asked Haji Ismail Abu Bakar

The application will be before the Kuantan High Court in Bandar Indera Mahkota Court Complex. Stop Lynas supporters are urged to attend at 9a.m to show the Government that people do NOT want the Lynas rare earth plant.

“Tomorrow will be a good test of our judicial system in delivering justice. We wait in hope that the truth shall prevail and that justice will be dealt.” Concluded Mr Tan

Thursday, 20 September 2012

From around 10.30 to 11.30am today, activists and concerned
Australians led by Friends of the Earth Australia staged a peaceful
protest action outside the Lynas Corporations head office in support of
the Stop Lynas campaign in Malaysia.

Between 30 to 40 people from all walks of life including several
Malaysian diasporas gathered outside the Lynas office on 56 Pitt St in
Sydney with loud speakers chanting "Shame Lynas Shame! The protest
action was high spirited, colourful.

The crowd intended to send a
strong message to Mr Nick Curtis the Executive Chairman of Lynas
Corporation that the people of Malaysia have said NO!

The protest action was joined by state member of parliament Greens MP
Mr Jamie Parker who visited Malaysia several months ago and made a
special trip to Kuantan to see the Lynas Advanced Materials Plant. In
his speech at the protest action, Mr Parker said "Lynas has not been
transparent" especially referring to its waste being safe when it is
contaminated with radioactive materials, hazardous heavy metals and
chemicals.

Lynas has recently revealed that it has attempted to apply for the
waste to be returned to Australia albeit a long-standing Australian
policy of not accepting hazardous waste from another country.

Concerned Sydney activists
in support of Malaysians are gathering at Lynas Corporations head office on
Pitt St in Sydney's CBD at 12:30pm today, to express their dissent over the
companies plan to export rare earths to Malaysia for processing.

Lynas Corporation has
recently received a two year temporary operations license (TOL) from the
Malaysian Atomic Energy Licensing Board (AELB), as of the 5th of
September. This is an issue of
significance to Australians, as the ore to be processed at the plant will come
from Mount Weld rare earths deposit in Western Australia. The Lynas Applied
Materials Plant (LAMP) hasn't even submitted an environmental impact assessment
to begin operations of one of the worlds largest rare earth refineriery located
on the east coast of Malaysia in the Pahang state at Gebeng, Kuantan.

Tully McIntyre from Friends of the Earth stated
"Lynas plans to export 22,000 tonnes of ore annually to Malaysia for
processing, which risks polluting important mangrove coastal ecosystem and
major sources of livelihoods for local people in Malaysia. There are well over
700,000 people living in a 30 km radius of LAMP."

"These people were not
consulted about the refinery, or a proper environmental impact statement
carried out for LAMP."

The Australian High
Commissioner to Malaysia stated last week Lynas had submitted an application to
Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) to import
waste back to Australia, if so Australians are wondering where it would be
stored.

Miss McIntyre went on to say Australian activists are
calling for more stringent research to be carried out in Australia and abroad
before proceeding further, Malaysians do not want LAMP and an Australian
company should not be forcing the project on an unwilling international
community. The campaign against Lynas in Malaysia is the biggest environmental
campaign in Malaysian history. Australian activists will remain to show strong
support with the Malaysians to stop Lynas exporting this toxic legacy.

Greens MP Jamie Parker NSW
will address the concerned activist at the lunch time protest.

Monday, 17 September 2012

TOL issued when Lynas is still
scrambling to deal with its hazardous waste

September 18th, 2012

Last Friday, a
diplomat from the Australian High Commission informed Malaysia Insider that Lynas
has applied to the regulator, the Australian Radiation Protection and Nuclear
Safety Agency (ARPANSA) to return its radioactive waste from Malaysia. According to the diplomat, Canberra has
reiterated its policy of not accepting waste from another country. This policy was also shared by the Western
Australian Government. Its Minister for
Mining and Petroleum has several times rejected in the state Parliament the
notion that Lynas can ship the waste back to WA – see relevant attached
document for details

SMSL spokesperson Mr Tan Bun
Teet responded.

“When the government approved
of the TOL for Lynas in January, no safe or viable permanent solution was found
for its waste. Today, the TOL has been issued and yet Lynas is still scrambling
around trying to find a permanent solution to its waste.”

“Where is the Government’s duty
of care to protect citizens and our country’s future? The government is making
a fool of itself in the eyes of responsible governments the world over by
issuing the TOL at the expense of tax paying rakyat and our precious
environment.” He added.

The story prompted WA State
Greens MP Robin Chapple to criticise Lynas for trying to operate outside the
law in Australia as it is operating in Malaysia where legal scrutiny on toxic
waste is not as tight as in Australia – see details in http://robinchapple.com/lynas-left-holding-baby

Rare earth refinery produces
huge amounts of waste in all streams – potentially polluting the air, the water
and surrounding land.

“We are shamed of the BN
Government for not exercising prudence when dealing with one of the world’s largest
rare earth refinery project.” Lamented Haji Ismail Abu Bakar, a Kuantan
resident and a SMSL spokesperson.

“It is even more embarrassing
when the Government went so far as to give Lynas a 12-year tax holiday when
ordinary Malaysian tax payers have toil and work hard to pay their taxes hoping
to live in a clean and safe country in return!” He added.

Earlier this month, the Atomic
Energy Licensing Board (AELB) claimed in its press statement on its decision to
issue the TOL that Lynas has fulfilled all of the technical and additional conditions
set by the Government and that Lynas will remove the radioactive waste. However, no detail was provided as to how
Lynas has fulfilled them for public scrutiny.

Ram Pususamy another Kuantan
resident retorted “show us exactly how Lynas will remove its radioactive waste
from Malaysia! Show us how Lynas has fulfilled all of the seven additional
conditions set by the AELB and MOSTI!”

When the Malaysian Government
requested the International Atomic Energy Agency (IAEA) to review the
pre-licensing stage of the Lynas project, the IAEA made eleven recommendations
which both the Malaysian Government and Lynas have publicly pledged to adhere
to - see relevant attached document for details of the recommendations -http://on.fb.me/PMBJtm

“The AELB and MOSTI think we
are fools to accept their weak and hazardous proposition when we know for a
fact that Lynas has NO way of shipping its radioactive waste OUT of Malaysia legally.”
Continued Ram.

Apart from Australia’s refusal
to take back Lynas’ hazardous waste, trans-boundary transportation of hazardous
waste is controlled by the Basel Convention http://www.basel.int/.

Additionally, there remains
pollution risks for the air and water as huge amount of discharges in these two
streams are also expected from the Lynas plant.
In the USA at the Molycorp rare earth plant and in Lynas’ Australian
licensing conditions, the company is bound to a zero-discharge condition to
prevent contamination of ground water.
In both cases, strict air pollution control of hazardous gases is
required whereas for the Malaysian plant, details of how such pollution will be
minimised remain unclear.

Furthermore, the AELB’s track
record in managing radioactive waste remains poor and unsatisfactory. It has failed
to recover all of the radioactive waste from the previous rare earth plant in
Bukit Merah as would be expected under international standards to ensure public
safety.

“With the strong public support
we will do whatever it takes here in Malaysia, in Australia and in every corner
of the world where Lynas hopes to conduct its business. We will pursue legal actions and a wide range
of campaigning activities with the support of our allies until the rare earth
plant is shut down.” Concluded Mr Tan.

KUALA LUMPUR, Sept 17 ― Local grassroots movements remain unconvinced by Lynas Corp and Putrajaya’s vow to manage waste from the Australian miner’s controversial rare earth plant in Kuantan, demanding today that the firm reveal a detailed disposal plan or face a “fight to the end”.

Two weeks ago, Malaysia’s Atomic Energy Licensing Board (AELB) issued a temporary operating licence (TOL) to Lynas despite widespread protests, but added that the Australian miner was legally bound to remove radioactive waste from its plant and return the residue to Australia.

Lynas had applied to Australia to “import material” from the plant although Canberra’s policy is to reject radioactive waste, an Australian diplomat reportedly said last Friday.

Wong Tack, chairman of local environment group Himpunan Hijau, gave a stern warning to Lynas, saying that: “Unless you have very clear plans, we will not allow you to have anything coming in.”

“People have decided we don’t want this industry in our country.”

“Pack and go or we’ll fight to the end,” Wong said, despite another anti-Lynas group’s recent unsuccessful bid at the Court of Appeal for permission for a judicial review of the TOL decision.

He also said there were a number of unresolved questions over the proposed export of Lynas’s waste.

“Which port are you going through? How are you going to pack it? How are you going to transport it? How long are they going to store before they ship it back?”

Tan Bun Teet, the chairman of Save Malaysia Stop Lynas (SMSL), agreed. “It is ludicrous that government of Malaysia issued the TOL to Lynas when we don’t even know how Lynas is going to manage the solid waste and there are many outstanding issues.”

“It’s very risky for Malaysia to allow plans that will produce so much waste in our country when we don’t how Lynas is going to deal with them safely and in a practical way,” Tan said.

“SMSL would like to know every detail because the public has the right to know and we would like to scrutinise every proposal that Lynas is putting out to make sure they are viable and safe.”

Tan said that SMSL will take all possible legal actions to contest the TOL and to exert political pressure to stop this project.

“We would like to see detailed plans of what they are going to do before they are allowed to process and operate,” Andansura said.

He said that the coalition is “sceptical” of Lynas’s “implementation” of its plans, whether it would involve turning waste into commercial products or sending waste back to Australia.

Although SLC is agreeable to both ideas, Andansura said they remain unconvinced of Lynas’s assurance.

“It’s a huge amount of waste... messy to handle the waste and export,” he pointed out.

The TOL Lynas received two weeks ago from Malaysian authorities has paved the way for its rare earth plant to begin operations despite widespread public protests over safety and environmental concerns.

Lynas said that it would begin transporting and completing all steps to prepare enriching the rare earth ore mined in Australia by October.

The TOL allows Lynas to operate for a period of two years beginning September 3.

The AELB had emphasised that Lynas must adhere to all requirements and conditions imposed by the Ministry of Science, Technology and Innovation through the Atomic Energy Licensing Act.

Two weeks ago, five Kuantan residents were given the Kuantan High Court’s nod to challenge the science, technology and innovation minister’s decision to award a TOL to the Australian miner.

Last week, SLC had failed in its bid to get leave from the Court of Appeal for a separate judicial review of AELB’s decision to grant a TOL to Lynas.